Delta State Protection of Persons With Disability Law, 2024

DELTA STATE PROTECTION OF PERSONS WITH DISABILITY LAW, 2024

1. Short Title. This Law may be cited as the Delta State Protection of Persons with Disability Law, 2024.

2. Interpretation. In this Law, except where expressly provided otherwise: "Accessibility Aid" includes any fixture and device that aids accessibility; "Assistive Device" means any device that assists, increases or improves the functional capabilities of persons with disability; "Augmentative and Alternative Communication" means the art of studying and (when necessary compensating) temporary or permanent activity limitation and participation restriction of an individual with severe disorder of speech-language production and/or comprehension, including spoken and written modes of communication; "Close Caption" means service for persons with hearing impairment that translates television programme dialogue into written words; "Commission" means the Delta State Commission for Persons with Disability; "Commissioner" means Commissioner for Women Affairs, Community and Social Development; "Communication Disability" means the kind of disability that affects the natural means of communication of a person, it includes but not limited to deafness and blindness; "Disability" means a state of substantial impairment of the physical, visual, vocal, auditory, sensory or mental capabilities of a person at birth or by injury, sickness or its effect or congenital deficiency; "Environment" includes buildings, roads, side-walks, pedestrian crossings, open spaces, etc; "Financial Institution" includes banks, micro-finance banks, primary mortgage institutions and financial houses; "Government" means the Delta State Government; "Governor" means the Governor of Delta State; "House" means the Delta State House of Assembly; "Landowner" includes a private house owner, his lawful agent and heir in title; "Multiple Disability" means more than one disability occurring in a person's life; "Person" includes natural, artificial, juristic or juridical persons, companies, enterprises, firms, organisations, associations and government departments, ministries, agencies and parastatals; "Persons with Disability" means; (a) a person who has received a temporary or permanent certificate of disability from the Commission; and (b) a person with long-term physical, mental, intellectual or sensory impairment which in interaction with various barriers may hinder his/her full and effective participation in society on equal basis with others; "Public Building" means a building owned or used by government or government office, or a building available for the use of members of the public; "Relay Service" means telephone service that allows persons with hearing and speech disabilities to make telephone calls; "Relevant Authority" means any person (natural or artificial) or body (including Government Ministry, Department and or Agency) saddled with the responsibility of taking action on an issue; "Special Communication" means special means (including sign language, augmentative and alternative communication) of communicating with persons with speech or hearing disability; "Special Schools" means schools established for persons with disability; "State" means Delta State of Nigeria; "Telecommunication Relay Services" means telephone transmission services that provide the ability for an individual with speech or hearing disability to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have speech or hearing disability using voice communication service by wire or radio; "Vehicle" includes cars, buses, trains.

3. Prohibition from Discrimination and Harmful Treatment. (1) A person with disability shall not be discriminated against on the ground of his or her disability by any person or institution in any manner or circumstance whatsoever. (2) A person with disability shall not be subjected to prejudices or harmful practices, including those based on sex, work, age or tradition in any area of life. (3) Persons with disability shall have rights to sue any individual, corporate body or Government and its Agencies for damages in the event of the violation of their fundamental rights. (4) Government shall as much as possible provide legal aid to persons with disability through the Office of the Public Defender (OPD) in cases of infringement of their fundamental rights.

4. Prohibition from Cruelty and Inhumane Treatment. (1) A person with disability shall not be subjected to: (a) medical or scientific experiment without his or her consent; or (b) torture, cruelty, inhumane or degrading treatment. (2) No person shall: (a) use his disability to beg for alms; (b) employ, use or involve a person with a disability in alms begging; (c) parade persons with disabilities in public with the intention of soliciting for alms; or (d) disguise as a person with disability for the purpose of deceiving the public with the intention to receive alms or any favour. (3) Any person who contravenes this Section shall on conviction, be liable to: (a) If a corporate body, a fine not exceeding Two Million Naira (N2,000,000.00); or (b) If an individual, a fine not exceeding Five Hundred Thousand Naira (N500,000.00) or six (6) months imprisonment or both.

5. Right of Access/ Accessibility Aids. (1) A person with disability shall have the right and necessary facilities to access the physical environment, public buildings and public places on an equal basis with others. (2) The Government shall as much as possible ensure that: (a) a public building shall not be constructed without the necessary accessibility aids such as lifts (where necessary), ramps and other facilities that shall make them accessible and usable to persons with disability; (b) roads, side-walks, pedestrian crossings and all other facilities made for public use shall be made accessible to and usable by persons with disabilities including those on wheelchairs and visually-impaired persons; (c) communication aids to enhance proper communication to the hearing and visually-impaired are made available, where applicable. (3) Government and other private institutions concerned shall endeavour to install emergency devices such as fire alarms and vibration triggered systems in public buildings and facilities as necessary.

6. Non- compliance with Building Code Plan. The relevant authority responsible for the approval of building plans shall ensure that before erecting any public structure, the relevant building plans are scrutinised in order to ensure that the plan conforms to the building code with regards to accessibility facilities for persons with disability in line with the National building code.

7. Modifications to Residential Buildings. A landowner shall allow a person with disability lawfully occupying the property as a tenant to make such access related modifications to the building as would allow him or her access his or her apartment provided he or she shall remove such modifications before vacating the premises.

8. Complaint of Inaccessibility. (1) A person with disability shall have a right to notify the Commission of the State of inaccessibility or barrier to access a public place in his or her environment. (2) Upon receipt of such complaint or notification as stated in subsection (1) of this Section, the Commission shall take necessary steps to ensure the removal of the barrier and make the environment or public place accessible to the person with disability.

9. Provision of Facilities in Public Transport. (1) Every Public Transport Service shall operate in a way that would guarantee usage and allow for accessibility of persons with disability. (2) All transport service providers shall make available and mark appropriately at least one (1) seat in every public vehicle for the use of persons with disability. (3) Wheelchairs, crutches, guide canes (for the blind), braces and other mobility aids and appliances or assistive devices used by passengers with disability shall not be subjected to charges, provided they are not carried in commercial quantities and for commercial purpose.

10. Assignment of Special Seats in Vehicles. (1) The convenience and safety of a person with disability shall be the primary consideration in assigning seats in vehicles or trains. (2) In line with subsection (1) of this section and subject to the preference of the person with disability, the following factors shall be considered in assigning seat to a person with disability: (a) ease of access; (b) ease of exit; and (c) non-disturbance by the movement of other passengers.

11. Accessibility of Railways. Railway stations and facilities therein as well as trains shall be made accessible to persons with disability.

12. Reservations at Public Parking Lots. (1) At public parking lots, at least one (1) out of every twenty parking lots shall be properly marked and reserved for persons with disability. (2) For a person with disability to be entitled to the use of the reserved spaces as provided for in this section, his or her car should have been properly identified with the necessary insignia issued by the Commission. (3) Any person, organization or corporate body in control of a public parking lot who fails to make provision for the reserved space in this section shall be liable to a fine of Two Hundred and Fifty Thousand Naira (N250,000.00). (4) Any person who is without any form of disability and who does not carry person(s) with disability and parks a vehicle in the space reserved for person(s) with disability shall be liable upon conviction to a fine of One Hundred Thousand Naira (N100,000.00). (5) Any person who unlawfully obstructs the use of the space reserved for persons with disability shall be liable to a fine of Fifty Thousand Naira (N50,000.00).

13. Situations of Risk and Humanitarian Emergencies. (1) In all situations of risk, violence, emergencies and the occurrence of natural disasters, Government or its agencies shall take all necessary steps to ensure the safety and protection of persons with disability taking cognizance of their peculiar vulnerability. (2) Persons with disability shall be given first consideration as much as possible in queues.

14. Provision of Social Protection. (1) All levels of Government shall give special consideration to persons with disability in welfare, social development, poverty reduction and other programmes. (2) Where accommodation is being provided by schools, Employers, Organizations, Government and in any other circumstance whatsoever, persons with disability shall be given consideration of 5% reservation.

15. Right to Education. (1) Every person with disability shall have an unfettered right to education without discrimination or segregation in any form. (2) Persons with disability shall be entitled to free education in public schools to secondary level. (3) In accordance with subsection (2) of this Section, Government shall endeavour to make policies and programmes to ensure that there is at least one special public school for persons with disability at primary and secondary school levels in each of the Twenty Five (25) Local Government Areas of the State and each special school shall have: (a) trained personnel to cater for the educational development of persons with disability; (b) a programme for training and capacity building of personnel catering for persons with disability; (c) special facilities and assistive devices for the effective education of persons with disability; (d) programmes for cooperation and collaboration with relevant authorities, institutions or associations to ensure early and adequate education of persons with disability. (4) The Commission shall design a programme of activities that would promote interaction between persons with disability in special schools and persons in ordinary schools. (5) Government shall ensure that the education of persons with disability, particularly children who are blind, deaf or with multiple disabilities is delivered in the most appropriate languages, modes and means of communication for the individual, and in environments which maximizes academic and social development.

16. Rights of Children with Disability. (1) Parents and guardians of children with disability shall ensure that such children, within and outside the home, are free from all forms of neglect, exploitation, violence or abuse, including their gender-based aspects. (2) Government shall also take appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring appropriate forms of gender and age sensitive assistance and support for persons with disability, their families and caregivers, including the provision of information and education on how to avoid, recognize and report instances of neglect, exploitation, violence and abuse. (3) In order to prevent the occurrence of all forms of exploitation, violence and abuse, all facilities and programmes designed to serve persons with disability shall be effectively monitored by the Commission. (4) Children with disability shall be entitled to equal rights, treatments, recreations, maintenance and training with other children in the family, neighbourhood and community. (5) No child shall be concealed, abandoned, neglected or segregated on the basis of his or her disability. (6) Government shall endeavour to provide early and comprehensive information, services and support to children with disability. (7) No child shall be separated from his or her parents on the basis of a disability of either or both parents; Provided, that for the purpose of medical treatment, rehabilitation, training or general improvement, a child with disability may be temporarily separated from his or her parents. (8) The Commission shall endeavour to provide and sponsor alternative care for a child with disability where the immediate family is unable to provide the needed care. (9) In all matters concerning children with disability, the best interests of the child shall be the primary consideration.

17. Right to Work and Employment. (1) Persons with disability shall have the right to work on equal basis with others and this includes the right to gain a living by working freely in a chosen or accepted labour market and work environment. (2) An employer or his agent shall not discriminate against a person with disability in any manner including but not limited to: (a) job application procedure; (b) the terms and conditions of employment; (c) denying the employee access or limiting the employee's access to opportunity for promotion, advancement, transfer or training, or to any other benefit associated with employment; (d) on-the-job training; (e) accommodation, where applicable; (f) employee compensation; (g) dismissal/termination/retirement mainly on the ground of disability whether congenital or adventitious/acquired; or (h) subjecting the employee to any other detriment. (3) No person or corporate body shall subject a person(s) with disability to slavery/servitude, forced or compulsory labour or undue disadvantages in any form. (4) Any person in breach of this Section shall on conviction be liable to nominal damages of a minimum of Two Hundred and Fifty Thousand Naira (N250,000.00) payable to the person with disability while any corporate organization in breach shall be liable on conviction to nominal damages of a minimum of One Million Naira (N1,000,000.00) payable to the affected person with disability. (5) All employers of labour employing up to 100 persons shall reserve at least 1% of such workforce for qualified persons with disability. (6) (a) Government shall take steps to ensure the self-reliance of persons with disability and accordingly give adequate assistance to those of them who desire to be employed; (b) Government shall set up special programmes for persons with disability which shall be incorporated into existing vocational training institutions to facilitate acquisition of special skills by persons with disability. (7) No employee shall be relieved of his employment on the ground of disability sustained during his employment. (8) An employer of labour whose employee sustains a disability shall: (a) retain and re-train the employee for effectiveness within the organization; or (b) pay him off with a sum that is not less than the aggregate value of his 24 months salary, if his disability is as a result of injuries sustained outside the course of official duties and is of such degree as to permanently render him unable to discharge his functions; or (c) pay him off with a sum that is not less than the aggregate value of his 60 months salary, if his disability is as a result of injuries sustained in the course of official duties and is of such degree as to permanently render him unable to discharge his functions. (d) notwithstanding the provisions of subsection (8) (b) and (c) of this Section, any public servant who sustains injury leading to disability, the civil service rules shall apply.

18. Participation in Politics. (1) Persons with disability shall have the right to fully participate in politics and public life. (2) Government shall actively promote an environment in which persons with disability can effectively and fully participate in: (a) the conduct of public affairs without discrimination; (b) non-governmental organisations and associations concerned with the public and political life of the country; and (c) activities and administration of political parties.

19. Right to Health. (1) Government shall institute policies and programmes to ensure that persons with disability have unfettered access to adequate health care without discrimination on the basis of their disability. (2) Government shall endeavour to provide accessible and affordable healthcare facilities to meet the needs of persons with disability including the provision of sign language interpreters for persons with hearing impairment during their visits to healthcare facilities.

20. Certificate of Disability. (1) Every person with disability shall register with the Commission and shall be issued a certificate of disability. (2) Where a doctor suspects disability in the course of medical examination of a person who hitherto was not a person with disability, he shall inform the Commission which shall issue a Temporary Certificate of Disability which shall last for not longer than one hundred and eighty (180) days in favour of such person. (3) If the state of disability persists beyond one hundred and eighty (180) days, the Commission on the recommendation of the doctor shall issue the person with a Permanent Certificate of Disability, which shall last as long as the state of the disability persists. (4) Any person issued with a Certificate of Disability (temporary or permanent), shall be entitled to all the rights and privileges in this Law. (5) The Temporary Certificate of Disability and Permanent Certificate of Disability shall be as specified by the Commission.

21. Unlawful Procurement of Certificate of Disability. Any person who unlawfully issues or obtains a certificate of disability shall upon conviction be liable to a fine of Two Hundred Thousand Naira (N200,000.00) or one (1) year imprisonment or both.

22. Right to Freedom of Expression. (1) Persons with disability shall have freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas through any means of communication of their choice. (2) Government, corporate organization(s) and persons shall endeavour to: (a) provide information intended for the general public to persons with disability in accessible formats and technologies appropriate to the different kinds of disability timeously and at no additional cost; and (b) accept and facilitate the use of sign languages, Braille, augmentative and alternative communication in interactions. (3) No person with disability regardless of the place of residence or living arrangement shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation.

23. Right to Drive. A person with disability shall have right to drive any vehicle provided that: (a) his or her disability is not proved to reasonably impede his or her ability to drive; or (b) the vehicle has been modified to enable him or her drive safely.

24. Right to Communal Life. (1) Any person with disability shall have the right to live in the community, with choices equal to others, and shall have full enjoyment of their rights as well as full inclusion and participation in the community. (2) Any person with disability shall not be isolated or segregated from the community or compelled to live in a particular area except on medical ground or in accordance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).

25. Participation in Cultural Life, Recreation, Leisure and Sports. (1) The right of persons with disability to take part on an equal basis with others in cultural life is guaranteed. Accordingly, Government shall take appropriate measures to ensure that persons with disability: (a) enjoy access to cultural materials in accessible formats; (b) enjoy access to television programmes, films, theatres and other cultural activities, in accessible formats; (c) enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as much as possible, enjoy access to monuments and sites of national cultural importance. (2) Government shall take appropriate measures to enable persons with disability to have the opportunity to develop and utilize their creative, artistic and intellectual potentials, not only for their own benefits, but also for the enrichment of the society. (3) Persons with disability shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identities, including sign languages and deaf culture. (4) Government shall take appropriate measures to enable persons with disability to participate on an equal basis with others in recreational, leisure and sporting activities, with a view to: (a) encouraging and promoting the participation to the fullest extent possible, of persons with disability in all sporting activities at all levels; (b) ensuring that persons with disability have the opportunity to organize, develop and participate in disability-specific sports and recreational activities; (c) encouraging the provision, on an equal basis with others, of appropriate instruction, training and resources; (d) ensuring that persons with disability have access to sport, recreational and tourism venues; and (e) ensuring that children with disability have equal access with other children to participate in play, recreation, leisure and sporting activities, including those activities in the school system.

26. Commission for Persons with Disability. (1) There is hereby established under this Law a body to be known as the Delta State Commission for Persons with Disability. (2) The Commission shall: (a) be a body corporate with perpetual succession and a common seal; (b) have power to sue and be sued in its corporate name; and (c) be capable of holding, purchasing, acquiring and disposing of movable or immovable property for the purpose of carrying out its functions under this Law.

27. Composition of the Commission. (1) The Commission shall comprise: (a) a Chairman who shall be a person with disability; (b) a representative of the Ministry of Women Affairs, Community and Social Development not below the rank of an Assistant Director on Salary Grade Level 15 who shall serve as the Secretary of the Commission; (c) one (1) representative each from the three Senatorial Districts in the State who shall be persons with disability; (d) two (2) representatives from the Association of Persons with disability in the State who must be of different clusters; (e) one (1) representative from the organized private sector or charitable organisations with interest in persons with disability; (f) one (1) representative each from the following: (i) Ministry of Basic and Secondary Education, (ii) Ministry of Technical Education, (iii) Ministry of Health, (iv) Ministry of Housing, (v) Ministry of Justice, (vi) Ministry of Humanitarian and Community Support Services and Girl-Child Entrepreneurship Development, (vii) Ministry of Youth Development, and (viii) Delta State Sports Commission. (2) Ex-officio members of the Commission under sub-section (1) of this Section shall be Officers not below the rank of an Assistant Director in the State Civil Service.

28. Appointment, Qualification and Allowances. (1) All Commission members shall be appointed on part time basis while the ex-officio members shall be nominated for appointment by their ministries. (2) The Chairman and other Commission members shall be persons of proven integrity with genuine concern for the rights, interests, protection and integration of persons with disability. (3) The Chairman shall possess a minimum qualification of a bachelor's degree or its equivalent from any recognized university or degree-awarding institution. (4) The Chairman and members of the Commission shall be paid allowances as applicable to similar Commissions.

29. Tenure of Members of the Commission. The Chairman and members of the Commission, except the ex-officio members shall hold office for a term of four (4) years and upon satisfactory performance, may be re-appointed for another term of four (4) years and no more

30. Cessation of Office. (1) A person shall cease to hold office as a member of the Commission if: (a) such a member is removed at any time from office by the Governor for inability to discharge the functions of the office whether arising from infirmity of mind or body or for any act of misconduct; (b) such a member resigns membership by a notice in writing, addressed to the Governor and that Member shall cease to be a Member from the date of acceptance of the resignation by the Governor; (c) such a member becomes bankrupt; (d) such a member is convicted of a felony or offence involving dishonesty or fraud; (e) such a member is found to possess fake qualifications; (f) such a member is found guilty of serious misconduct in the discharge of his/her duties; (g) in the case of professionals, such a member is disqualified or suspended from practicing his/her profession by his/her professional body; (h) such a member dies before the end of his/her term; (i) the Governor is satisfied that it is no longer in the interest of the Commission or in the interest of the public that such a member should continue in office. (2) When a member of the Commission ceases to hold office for any reason whatsoever before the expiration of his/her tenure, another person shall be appointed to fill the vacancy created for the remainder of term of the person that ceased to hold office.

31. Powers of the Commission. The Commission shall have powers to: (a) manage and superintend over the affairs of the Commission; (b) make rules and regulations for the effective running of the Commission; (c) enter into such contracts as may be necessary or expedient for die discharge of its function and guarantee the efficient running and performance of the Commission; and (d) receive, disburse and account for Funds of the Commission.

32. Proceedings of the Commission. The Commission may make standing orders to regulate its proceedings at meetings.

33. Quorum/Notice of Meeting. The quorum for meeting of the Commission shall be the Chairman or the Person presiding at the meeting and seven (7) other members of the Commission, at least two (2) of whom shall be ex-officio members; Provided that all Members of the Commission are given at least seven (7) days notice in writing.

34. Validity of Proceedings. The validity of proceedings of the Commission will not be affected by: (a) any vacancy in its membership; (b) any defect in the appointment of a member; or (c) reason of the fact that any person not entitled to take part in the proceedings did so.

35. Disclosure of interest. Any member of the Commission who has a personal interest in any contract or transaction entered into or proposed to be considered by the Commission shall immediately declare his interest to the Commission and shall not vote on any deliberation relating to the contract or transaction.

36. Secretary of the Commission. (1) There shall be for the Commission, a Secretary who shall be an ex- officio member from the Ministry of Women Affairs, Community and Social Development. (2) The Secretary shall be: (a) a person of proven ability and integrity with relevant professional qualifications and cognate experience; (b) the Accounting Officer of the Commission and responsible for the execution of the policies and day to day administration of the affairs of the Commission in accordance with the provisions of this Law; (c) responsible to the Commission in the performance of the functions of the office and shall in particular be responsible for the following matters: (i) convene meetings of the Commission, (ii) prepare the agenda and minutes of such meetings, (iii) convey decisions of the meetings to members of the Commission and other related matters, and (iv) perform all other duties affecting the Commission as may be assigned to him or her by the Chairman.

37. Structure of the Commission. There shall be in the Commission the following departments: (a) Finance and Administration; (b) Social Development, Monitoring and Evaluation; (c) Legal Services; (d) Medical, Rehabilitation, Mobility Aids and Appliances; and (e) Planning, Research and Statistics.

38. Staff of the Commission. (1) The Commission shall subject to the approval of the Governor: (a) employ, engage and appoint such number of employees as may in the opinion of the Commission be required for the proper and effective conduct of its business upon such terms and conditions of service as obtainable in the State Civil Service; (b) employ on secondment such officers in the civil service of the State as may be necessary in line with the Public Service Rules; and (c) have power to exercise disciplinary control over its employees. (2) Subject to the Pension Reform law, the terms and conditions of service (including remuneration, allowances, benefits and pensions) of officers and employees of the Commission shall be as determined by the Commission in line with what is obtainable in the Public Service of the State.

39. Functions of the Commission. The functions of the Commission will include: (a) issuance of guidelines for the education, social development and welfare of persons with disability; (b) collaboration with relevant Ministries, Parastatals or Corporate bodies issuing codes and directives for designing buildings so as to make them accessible and usable by persons with disability; (c) receipt of complaints from persons with disability on the violation of any of their rights; (d) investigation and prosecution in appropriate cases, the violation of any of the provisions of this Law subject to an individual's right to seek redress in court; (e) registration and coordination of association of person(s) with disability on a regular basis for proper identification; (f) sensitization of the public on the right attitude towards persons with disability; (g) collection and collation of data on persons with disability and ensuring proper Government planning; (h) registration of experts skilled in sign language, Braille, augmentative and alternative communication; (i) issuance of directives and guidelines to the relevant authorities on special sports; (j) issuance of directives and guidelines to special schools for persons with disability; (k) issuance of directives and guidelines on all manner of disabilities and preventive or curative exercises; (l) actualising the enjoyment of all rights in this Law by persons with disability; (m) issuance and revocation of certificates of disability (temporary or permanent); (n) establishment and promotion of schools, vocational and rehabilitation centres for the development of persons with disability; (o) liaising with other Ministries and all other Government Agencies to ensure that the peculiar interests of persons with disability are taken into consideration in all Government policies, programmes and activities; (p) keeping and updating of register and database of persons with disability; (q) liaising with other countries and international organisations to ensure gap bridging on best practices available; (r) collaborate with media houses to make information available in accessible format for persons with disability; (s) designing and issuance of customised insignias to be used at parking lots; (t) assigning skilled experts in paragraph (h) of this section to individuals and organisations who require such services for a fee; (u) advocacy and enlightenment campaign drives targeted at members of the public on ways to empathise with persons with disability; and (v) ensuring compliance with the provisions of this Law.

40. Funds of the Commission. (1) The Commission shall source its funds from allocations due to the State, and donations from individuals and organizations, both local and international. (2) The Commission shall establish and maintain an Account into which all the money accruable to the Commission and from which all the activities of the Commission shall be funded. (3) The Commission shall have powers to borrow funds subject to the approval of the Governor.

41. Power to Accept Gifts. The Commission may accept gifts of land, money or other properties on such terms and conditions, as may be specified by the person or organization making the gift; provided that such terms and conditions are not illegal or inconsistent with the provisions of this Law.

42. Disability Fund. (1) There is established a fund known as the Delta State Persons with Disability Fund. (2) The purpose of the fund shall be for the advancement of the cause of persons with disability in the State. (3) Individual, corporate bodies and Government may make contributions to the fund. (4) The fund shall be administered by the Commission.

43. Bank Account and Annual Estimates. The Commission shall: (1) Cause to be kept, accounts and records of the transactions, affairs of the Commission, and ensure that all payments out of its monies are correctly made and properly authorized; and (2) Prepare and summit to the Governor through the Secretary to the State Government: (a) not later than 31st of March in each year, a report of its activities and operations of the preceding year with a certified copy of the audited accounts and auditor?s report for that period; (b) its proposed annual estimates of revenue and expenditure for the period commencing from the 1st of January and ending on the 31st December of the year, not later than three (3) months to the expiration of the annual year. (3) The Commission shall cause the audited account and the annual report of the Commission to be published in the State Government Official Gazette after complying with subsection (3) of this Section and such shall be made available on demand.

44. Audit. (1) The Auditor-General of the State shall: (a) inspect and audit the accounts and records of financial transaction of the Commission; (b) inspect records relating to assets of the Commission; (c) draw the attention of the House to any irregularity disclosed by the inspection and audit. (2) The Auditor-General of the State or an officer authorised by him/her shall be entitled to unfettered access to all accounts, records, documents and papers of the Commission relating directly or indirectly to the receipt or payment of monies by the Commission or to the acquisition, receipt, custody or disposal of assets by the Commission. (3) The Auditor-General of the State shall cause the accounts of the Commission to be audited at the end of each financial year by a firm of auditors selected from a list of approved auditors in accordance with the State Audit Law.

45. Collation of Research Data. (1) The process of collecting and maintaining information and statistical data shall: (a) comply with legally established safeguards, including legislation on data protection to ensure confidentiality and respect for the privacy of persons with disability; (b) comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles in the collection and use of statistics. (2) The information collected in accordance with this Section shall be disseminated as appropriate, and for the implementation of this Law.

46. Penalty. Any person who contravenes any provision of this law for which no specific penalty is provided shall be liable upon conviction to a fine of (N500,000.00) Five Hundred Thousand Naira or a term of imprisonment for one year or both.

47. Service of Document. A notice, summons or other documents required or authorised to be served upon the Commission under the provisions of this Law or any other law or enactment, may be served by delivering it to the Secretary or by sending it by registered post or courier and addressed to the Chairman at the head office of the Commission.

48. Payment of Judgment Debt. Any such monies which may by the judgment of any court awarded against the Commission shall be paid from the Funds of the Commission.

49. Indemnity of Officers. A member of the Commission or any officer or employee of the Commission shall be indemnified against any proceeding, whether civil or criminal, in which judgment is given against him/her if such proceeding is brought against him/her in his/her official capacity.

50. Engagement of Professionals. The Commission may with the approval of the Governor, engage persons with relevant knowledge to the functions of the Commission to assist on a part of time or full time basis.

51. Regulations. The Commission may make regulations generally in accordance with the Delta State Administrative Procedure Law for carrying into effect the provisions of this Law. Schedule 1 DELTA STATE PROTECTION OF PERSONS WITH DISABILITY LAW, 2024 SPECIAL FACILITIES

1. Wheel Chairs: clear floors or ground space on wheel chairs, wheel chair passage and turning space.

11. Drinking fountains and water dispensers.

13. Door protective and re-opening devices, manoeuvring entrances at doors.

14. Parking spaces and passenger loading zones.

15. Accessible routes including walk ways, halls, windows, aisles and spaces.

16. Alarms - audible, visual and auxiliary.

17. Assistive Devices/Technologies. Schedule 2 DELTA STATE PROTECTION OF PERSONS WITH DISABILITY LAW, 2024 COMPLIANCE ORDER We hereby notify you of our observation that your ............... contravened the provisions of the Delta State Protection of Persons with Disability Law, 2024. Particulars of contravention: ........................... You have contravened Section ............. of the Delta State Protection of Persons with Disability Law, 2024 and you are hereby ordered to immediately comply with the said Law. Take notice that if after three (3) months from receipt of this Order, you still remain in default, the- Commission shall take necessary legal step(s) to compel compliance. Signed: ..................... Schedule 3 DELTA STATE PROTECTION OF PERSONS WITH DISABILITY LAW, 2024 PART I - CERTIFICATE OF TEMPORARY DISABILITY This is to certify that .................... of ............................ was examined by me ................... on this ............. day of .................. and found to be temporarily incapacitated as a result of ..................... ' Signed: ........................ ' ' PART II - CERTIFICATE OF PERMANENT DISABILITY This is to certify that .................... of ............................ was examined by me ................... on this ............. day of .................. and found to be temporarily incapacitated as a result of ..................... ' Signed: ........................ ' ' SUPPLEMENTARY PROVISIONS Proceedings of the Commission

1.(1) The decisions of the Commission shall be reached either unanimously or by simple majority of the votes of Commission members present at a meeting; provided they form a quorum. Where there is a deadlock, the Chairman presiding shall have a deliberative and casting vote. (2) The Commission shall meet quarterly or whenever the Chairman is required to do so in case of emergency by notice given to him/her by not less than seven (7) other members. In which case the chairman shall convene a meeting of the Commission to be held within fourteen (14) days from the date on which the notice was given. (3) The Chairman shall preside at every meeting of the Commission and in his/her absence, one of the members except an ex-officio member; shall be appointed by a majority of members present to serve as the Chairman only for that meeting. (4) Where the Commission desires to obtain the advice of any person on a particular matter, the Commission may co-opt such a person into the Commission for such period as it deems fit, but a person who is in attendance by virtue of this sub paragraph shall not be entitled to vote at any meeting of the Commission and shall not count towards a quorum. Committees

2. (1) The Commission may appoint one or more Committees to carry out on its behalf such functions as it may deem fit. (2) A Committee appointed under this Paragraph shall consist of such number of persons as may be determined by the Commission. (3) A decision of a Committee of the Commission shall be of no effect until it is confirmed by the Commission. Miscellaneous

3. (1) The fixing of the seal of the Commission shall be authenticated by the signatures of the Chairman or any other member of the Commission generally or specifically authorised by the Commission to act for that purpose, and the Secretary. (2) Any contract or instrument, which, if made or executed by any person not being a body corporate, would not be required to be under seal may be executed on behalf of the Commission by the Secretary or any person generally or specifically authorised by the Commission to act for that purpose. (3) A document purporting to be a document duly executed under the seal of the Commission shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be so executed.

4. The validity of any proceedings of the Commission or of a Committee shall not be adversely affected by: (1) a vacancy in the membership of the Commission or Committee; or (2) a defect in the appointment of a member of the Commission or Committee; or (3) reason that a person not entitled to do so took part in the proceedings of the Commission or Committee.